Measure 20-373 would still be subject to a proportionality test in court, which evaluates whether a limitation on one right is necessary to protect another. When human rights and nature’s rights conflict, a court weighs the harms to the interests, then decides to balance them. For example, if taking down a dam would flood and cause extensive damage to housing and property, a court would rule to preserve a dam until an alternative was found to remove a dam without providing unnecessary harm to human beings.

• What dams provide to local communities:
  • Hydroelectric power: renewable electricity without the need for fossil fuels
  • Flood control: regulate downstream water flow during heavy rainfall, reducing damage to property, infrastructure and crops
  • Water supply and irrigation: reservoirs store vast amounts of water for drinking, municipal, industrial, and agricultural use, ensuring a steady supply during dry periods. 

• How dams are disruptive to the environment and local communities:
  • Disruption of river flow and ecosystems: change natural water temperatures
  • Habitat fragmentation and biodiversity loss: physical barriers that obstruct migration of fish and other aquatic organisms, causing decline in fish populations and overall biodiversity
  • Sediment trapping and erosion: block natural, nutrient-rich sediment flow downstream. Sediment buildup in reservoir reduces storage capacity, while lack of sediment downstream causes riverbank and coastal erosion. 
  • Greenhouse gas emissions: reservoirs can become a major source of methane as submerged vegetation decays 
  • Water loss and quality issues: large surface area of reservoirs leads to immense water loss through evaporation compared to flowing rivers. Stagnant water can have lower dissolved oxygen and accumulate pollutants, leading to algae blooms, harmful to humans using the water and aquatic life. 
  • Land submergence: creation of large reservoirs flood vast areas of land, destroying natural habitats and agricultural land.